West Virginia’s Anti-Apple CSAM Lawsuit Would Help Child Predators Walk Free

Mike Masnick, writing for Techdirt:

Read that again. If West Virginia wins — if an actual court orders Apple to start scanning iCloud for CSAM — then every image flagged by those mandated scans becomes evidence obtained through a warrantless government search conducted without probable cause. The Fourth Amendment’s exclusionary rule means defense attorneys get to walk into court and demand that evidence be thrown out. And they’ll win that motion. It’s not even a particularly hard case to make.

Friday, 27 February 2026